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R v Irwin [2018] NZDC 7741

Published 13 May 2019

Sentencing — drug offending — supply of methamphetamine — Class A — firearms possession — R v Fatu [2013] NZHC 1919 — R v Chuck Lou Tarm [2015] NZHC 930 — Wei v R [2012] NZCA 54 — He v R [2017] NZCA 77 — Mills v R [2016] NZCA 245. Two defendants appeared for sentence on drug related charges. The first defendant was found guilty of four charges of supply of methamphetamine and of possession for supply, as well as two charges of unlawful possession of a firearm. The second defendant was found guilty of one charge of supplying methamphetamine. A search of the first defendant's property found he was in possession of 403.9 grams of methamphetamine and $310,000 in cash. The Judge fixed the starting point for this offending at 12 years, representing offending at band 4 of R v Fatu. The Judge applied an uplift of one year for the firearm offending and a further six months for previous convictions. The first defendant's end sentence was 13 and a half years, with a 50 percent minimum parole period. The second defendant was a prolific supplier of methamphetamine, with police identifying approximately 101 transactions, totalling 32.4 grams of methamphetamine. The Judge fixed a starting point of 5 years' imprisonment. As there were no mitigating factors the end sentence was five years. Judgment Date: 20 April 2018.